WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, released the following statement after President Trump announced Ret. Vice Adm. Joseph Maguire, Director of the National Counterterrorism Center, will serve as the Acting Director of National Intelligence, effective August 15:

“When I supported Admiral Maguire’s previous nomination, I made it clear I expected him to empower the intelligence professionals he led to do their important work free from political interference. Given the circumstances of his appointment as Acting DNI, it is more important than ever that Admiral Maguire stands by that commitment to speak truth to power. His success or failure in this position will be judged by the quality of work produced by the intelligence community, not by how those intelligence products make the President feel.

“After leading the men and women in the Navy and serving our country faithfully, the burden shouldered by this capable public servant is now much higher with a White House that continuously breaks longstanding norms that have governed the intelligence community. Shading intelligence to fit political views ultimately threatens the safety and effectiveness of America’s dedicated intelligence professionals and makes our country less safe. While Admiral Maguire demonstrates a continued willingness to serve our nation, it does not replace the President’s responsibility to nominate a permanent Director during this critical time for our country.”

WASHINGTON – This week, the U.S. Securities and Exchange Commission (SEC) proposed modernizing the reporting and disclosure of human capital management practices. 

The SEC’s announcement follows efforts by U.S. Sen. Mark R. Warner (D-VA) to require companies to disclose more information about their human capital management policies and practices. These additional disclosures will provide greater insight into workforce development and help drive value in an increasingly knowledge-based economy.

Last July, Sen. Warner, a former business executive and current member of the Senate Banking Committee, pressed the SEC to use its rulemaking authority to require companies to tell shareholders whether and how they are investing in their workforces through human capital management disclosures. The SEC’s proposed rule contains many of the suggestions Sen. Warner called for in his July letter.   

“I’m excited to see the SEC take this important step to recognize the significance of human capital management and the role it plays in the 21^st century economy. Many of the ideas outlined in the proposed rule would go a long way in providing investors with the information they need to evaluate whether a company is making the appropriate investments in its workforce. As this rulemaking moves forward, I look forward to working with the SEC to develop a robust human capital disclosure regime for companies to help promote workforce training and investment, and sustain long-term economic growth,” said Sen. Warner. 

Human capital management disclosures provide a snapshot of how U.S. companies compensate, train, retain, and incentivize their employees. Several studies have found that human capital management disclosures are an important predictor of a company’s long-term success in a changing economy. For example, a 2015 McKinsey study found that firms that prioritize learning programs for their employees perform better overall than those that do not. As the Investor Advisory Committee also noted, a recent Harvard report found a positive correlation between disclosed training programs and financial performance. Requiring companies to disclose human capital management indicators would provide investors with a better understanding of a firm’s performance and potential for long-term growth. 

The SEC’s current human capital disclosure requirements are extremely limited, requiring disclosures only of the number of employees, their median compensation, and CEO compensation. In a July letter, Sen. Warner urged the SEC to heed the calls of investors and utilize its rulemaking authority to require companies across the board to provide further details relating to human capital management. Specifically, Sen. Warner encouraged the SEC to revise and modernize Regulation S-K to require public reporting companies to disclose more qualitative and quantitative information regarding human capital. While the SEC would be responsible for developing and finalizing the requirements, human capital disclosures could potentially require firms to make public information about employee education and training programs; workforce demographics; employee turnover; employee compensation; and workforce compensation and incentives.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Sens. Dianne Feinstein and Kamala Harris (both D-CA) and U.S. Reps. Abigail Spanberger (D-VA), Elaine Luria (D-VA), Mike Levin (D-CA), Brian K. Fitzpatrick (R-PA), and Katie Hill (D-CA), sent a letter today to the Chairmen and Ranking Members of the Senate and House Armed Services Committees, urging them to protect vital military housing protections for servicemembers as the Senate and House work to negotiate the final National Defense Authorization Act (NDAA). Once approved by both chambers of Congress, this bill would authorize the nation’s defense spending for the 2020 fiscal year, which begins on October 1, 2019. 

“We write today to express our strong support for language reforming the Military Housing Privatization Initiative (MHPI), which was included in both the Senate- and House passed versions of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Provisions of each bill largely match what was in our own bill, the Ensuring Safe Housing for our Military Act (S.703/H.R.1792), which aimed to force much needed change in the MHPI program,” wrote the members of Congress.

In 1996, the Department of Defense (DoD) and Congress established the Military Housing Privatization Initiative (MHPI) with the intent to improve military housing conditions by transferring maintenance and construction responsibilities to private housing companies. However, recent reports by Reuters and military advocacy groups exposed health, safety, and environmental hazards in privatized military housing throughout the United States. As a result of these findings, Sens. Warner, Kaine, Feinstein, and Harris introduced the Ensuring Safe Housing for our Military Act to provide much-needed reform and oversight over the privatized housing companies. Reps. Levin, Hill, Spanberger, Luria, and Fitzpatrick introduced a companion bill in the House.

They continued, “Like you, we have been appalled by the barrage of health, safety and environmental hazards found in privatized military housing. For too long, the companies operating this housing have failed to properly remedy hazards and to meet their fundamental obligations to servicemembers and their families to provide safe, healthy and high-quality housing. In addition, the military services, including installation commanders, housing officials and senior officials within the Department of Defense (DoD), have not provided sufficient oversight of the housing within their purview and have fundamentally failed the families who served under them.”

In June and July, the Senate and House passed the NDAA with key provisions of the Ensuring Safe Housing for our Military Act. In today’s letter, the members of Congress urged the Chairmen and the Ranking Members to protect these House and Senate provisions in final negotiations between the House and the Senate. 

A copy of today’s letter is available here can be found below.

August 8, 2019

Senator James M. Inhofe

Chairman

Committee on Armed Services

United States Senate

Senator Jack Reed

Ranking Member

Committee on Armed Services

United States Senate

Congressman Adam Smith

Chairman

Committee on Armed Services

U.S. House of Representatives

Congressman Mac Thornberry

Ranking Member

Committee on Armed Services

U.S. House of Representatives

Dear Chairmen Inhofe & Smith and Ranking Members Reed & Thornberry:

We write today to express our strong support for language reforming the Military Housing Privatization Initiative (MHPI), which was included in both the Senate- and House passed versions of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Provisions of each bill largely match what was in our own bill, the Ensuring Safe Housing for our Military Act (S.703/H.R.1792), which aimed to force much needed change in the MHPI program. 

Like you, we have been appalled by the barrage of health, safety and environmental hazards found in privatized military housing. For too long, the companies operating this housing have failed to properly remedy hazards and to meet their fundamental obligations to servicemembers and their families to provide safe, healthy and high-quality housing. In addition, the military services, including installation commanders, housing officials and senior officials within the Department of Defense (DoD), have not provided sufficient oversight of the housing within their purview and have fundamentally failed the families who served under them.

As you enter conference negotiations, we ask that provisions from the Ensuring Safe Housing for Our Military Act remain in the final NDAA conference agreement. In particular we were pleased that the Senate version of the NDAA:

• creates a standard for common credentials for health and environmental inspectors of privatized military housing (Sec. 3018);

• requires the commander to review and approve mold mitigation and pest control plans annually (Sec. 3043, 2872c);

• enables the withholding of rents (Sec. 3031) and incentive fees (Sec. 3045, 2874c) from landlords if they have not met established guidelines and procedures;

• requires landlords to pay reasonable relocation costs in the event of health, safety or environmental hazards (Sec. 3044, 2872d);

• requires the establishment of electronic work order systems and requires that tenants have the ability to access the systems in order to track the status and progress of work orders (Sec. 3021); and   

• requires the Secretary of Defense to submit to the congressional defense committees a report on the legal services that the Secretary may provide to members of the armed forces who have been harmed by a health or environmental hazard while living in military housing, as well as to make this information available to all members of the armed forces at U.S. DoD installations. (Sec. 3053).

In addition, the House-passed NDAA includes additional provisions of the Ensuring Safe Housing for Our Military Act, and we ask you to retain:

Sections 2811 and 2886, which authorizes DoD Inspectors General to investigate allegations of retaliation against a military tenant in connection with a housing complaint; and

 Section 2811 and 2886c, which prohibit landlords from imposing supplemental payments in addition to rent.

Reforming the privatized military housing system requires urgent action, and we believe including the above provisions in the final FY2020 NDAA is vital to that effort. We appreciate your leadership on this important issue and look forward to continuing to work together to improve the housing stock available to our servicemembers and their families. 

Sincerely,

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WASHINGTON, D.C. – U.S. Senators Mark Warner and Tim Kaine (both D-VA) joined Senator Ron Wyden (D-OR) and 39 colleagues in urging Treasury Secretary Steve Mnuchin against unilaterally cutting capital gains taxes for the wealthiest Americans by an additional $100 billion over 10 years, an action that would defy longstanding Justice Department policy.

The request follows a letter signed by 21 Republican senators urging Secretary Mnuchin to circumvent Congress and index capital gains rates to inflation.

“Indexing capital gains would double down on the 2017 $1.5 trillion tax giveaway with at least another $100 billion tax cut. According to the Penn-Wharton Budget Model, more than 86 percent of the benefit of indexing capital gains would go to the top 1 percent of taxpayers, while just 2.5 percent of the benefit would go to the bottom 90 percent of Americans,” the Senators wrote.

Along with Warner, Kaine, and Wyden, the letter is signed by Senators Sherrod Brown (D-OH), Chuck Schumer (D-NY), Sheldon Whitehouse (D-RI), Michael Bennet (D-CO), Chris Van Hollen (D-MD), Jack Reed (D-RI), Tammy Baldwin (D-WI), Angus King (I-ME), Bob Menendez (D-NJ), Cory Booker (D-NJ), Ed Markey (D-MA), Amy Klobuchar (D-MN), Bob Casey (D-PA), Tom Carper (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Tom Udall (D-NM), Tina Smith (D-MN), Maria Cantwell (D-WA), Ben Cardin (D-MD), Jeanne Shaheen (D-NH), Catherine Cortez Masto (D-NV), Maggie Hassan (D-NH), Jeff Merkley (D-OR), Richard Blumenthal (D-CT), Patty Murray (D-WA), Chris Murphy (D-CT), Mazie Hirono (D-HI), Debbie Stabenow (D-MI), Bernie Sanders (I-VT), Pat Leahy (D-VT), Elizabeth Warren (D-MA), Brian Schatz (D-HI), Kirsten Gillibrand (D-NY), Gary Peters (D-MI), Chris Coons (D-DE), and Martin Heinrich (D-NM).

The full letter can be read below and HERE.

August 7, 2019

The Honorable Steven T. Mnuchin

Secretary of the Treasury

U.S. Department of the Treasury

1500 Pennsylvania Avenue NW

Washington, DC 20220

Secretary Mnuchin:

We strongly urge against executive action to index capital gains for inflation, and disagree with our 21 Republican colleagues who have urged you to circumvent Congress in a signed letter. This unilateral move would almost exclusively benefit the wealthiest Americans, add to the ballooning federal deficit, further complicate the tax code, and ignore longstanding Justice Department policy.

Indexing capital gains would double down on the 2017 $1.5 trillion tax giveaway with at least another $100 billion tax cut. According to the Penn-Wharton Budget Model, more than 86 percent of the benefit of indexing capital gains would go to the top 1 percent of taxpayers, while just 2.5 percent of the benefit would go to the bottom 90 percent of Americans.

As the Congressional Budget Office (CBO) projected, the 2017 tax cuts are not paying for themselves through increased revenue. The FY 2019 deficit is projected to be $896 billion, up from $666 billion in FY 2017.  Cutting capital gains taxes for the wealthy by indexing gains would only exacerbate this problem.

While indexing capital gains would unquestionably add to the deficit, the $100 billion price tag is a conservative estimate because it does not consider the resulting tax sheltering opportunities. If Treasury indexes capital gains for inflation but does not also index capital expenses, like interest and depreciation, taxpayers would only pay taxes on the real portion of their gains while still deducting their full, nominal expenses. Taxpayers could therefore use their losses on paper to offset tax owed. Indexing both gains and expenses for inflation, meanwhile, would increase the tax code’s complexity and the compliance burden on taxpayers.

The proposal would do little to nothing to boost the economy as it would provide a windfall for existing capital assets rather than incentivize new investment. The Congressional Research Service notes that “it is unlikely… that a significant, or any, effect on economic growth would occur from a stand-alone indexing proposal.” This is yet another policy that would fail American workers. 

Apart from these serious policy concerns, we do not believe Treasury has the authority to index capital gains through regulation. Such action would defy longstanding Congressional intent and Justice Department policy. The tax code has always assessed capital gains on the difference between the cost a person pays to acquire a security or property, reduced for cost-recovery deductions, (“basis” in tax parlance) and the price for which it was sold.

We agree with legal opinions written by the Treasury and Justice Departments in 1992 under President George H.W. Bush, which concluded that Congress intended the word “cost” to mean the price paid in nominal dollars without adjustment for inflation.  That plain language definition of cost first appeared in the Revenue Act of 1918 and now appears in Section 1012 of the tax code.

Incomplete legislative action on a policy also does not signal congressional intent. Although Congress has previously considered proposals to index capital gains for inflation, it has never enacted them. The policy preferences of individual members of Congress, even if they happen to comprise majorities of both Houses, have no legal weight until legislation is passed by both Houses and signed into law by the president. 

For example, during consideration of the Revenue Act of 1978, the House adopted a provision expressly indexing the basis of capital assets for inflation only to have the Senate reject this approach, choosing instead to increase the percentage of (nominal) capital gains that could be excluded. The Senate’s approach was ultimately enacted.

We again urge you to reject unilateral action on this issue. To do otherwise would illegally circumvent Congress to benefit the most fortunate Americans. A major policy change like this one should be considered by Congress through regular order, where it can be weighed against competing priorities, like upgrading our failing national infrastructure, investing in health care or shoring up Social Security.

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) sent a letter to Ashanti Alert Coordinator Katherine Sullivan, reiterating the need for the Department of Justice (DOJ) to get the national communication network swiftly up-and-running. This letter follows a July 29^th in-person meeting between Sen. Warner and Principal Deputy Assistant Attorney General Sullivan.

“As I stated during our conversation, I remain strongly committed to monitoring its implementation and ensuring that the network can start saving lives soon. It was heartening to hear that as designated national coordinator, you are committed to swiftly implementing this potentially lifesaving system by working in collaboration with states to ensure that Ashanti Alert systems are established across the country with proper network guidelines,” wrote Sen. Warner.

After DOJ indicated that little progress had been made on the implementation of the federal Ashanti Alert system in March, Sen. Warner demanded an in-person meeting with DOJ officials to discuss the status of implementation efforts. During the meeting, Sen. Warner urged the DOJ to consult with Virginia state and local officials who passed state-wide legislation to create an Ashanti Alert network and successfully implemented it three months after it was signed into law by Governor Ralph Northam.

“Last year, Virginia successfully established its own Ashanti Alert system in only three months. Since then, the Commonwealth has sent out a number of alerts, some of which have helped find missing or endangered adults alive in under 24 hours. As we discussed, I believe that the officials in Virginia could provide valuable guidance to you and other states, so I urge you to seek out their guidance regarding this matter,” continued Sen. Warner.

On December 20^th 2018, Sen. Warner successfully secured Senate passage of the Ashanti Alert Act, which was then signed into law later in the month. Ever since, he has continued to pressure the DOJ to work with relevant stakeholders to promptly implement the alert network nationwide to help save lives.

“I was glad to hear that you have already thought about some actionable ideas on implementation, including your suggestion to include an Ashanti Alert workshop in the next national Amber Alert symposium. However, I continue to expect the Department to identify additional avenues and strategies to speed up the implementation process, while consulting with law enforcement agencies, stakeholders, and other relevant entities who played roles during the adoption of the Amber and Silver alerts,” concluded Sen. Warner.

A copy of the letter can be found here or below.

Ms. Katherine Sullivan

Principal Deputy Assistant Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue NW

Washington, D.C., 20530

Dear Ms. Sullivan:

I appreciated our meeting on July 29, 2019 regarding the implementation status of the Ashanti Alert Act. As I stated during our conversation, I remain strongly committed to monitoring its implementation and ensuring that the network can start saving lives soon. It was heartening to hear that as designated national coordinator, you are committed to swiftly implementing this potentially lifesaving system by working in collaboration with states to ensure that Ashanti Alert systems are established across the country with proper network guidelines.

As I emphasized in our meeting, it has been almost eight months since President Trump signed the bill into law. I have been disappointed that the Department’s efforts thus far have made little progress on the alert system and I must reiterate that delayed implementation will only cost lives. Last year, Virginia successfully established its own Ashanti Alert system in only three months. Since then, the Commonwealth has sent out a number of alerts, some of which have helped find missing or endangered adults alive in under 24 hours. As we discussed, I believe that the officials in Virginia could provide valuable guidance to you and other states, so I urge you to seek out their guidance regarding this matter.

I was glad to hear that you have already thought about some actionable ideas on implementation, including your suggestion to include an Ashanti Alert workshop in the next national Amber Alert symposium. However, I continue to expect the Department to identify additional avenues and strategies to speed up the implementation process, while consulting with law enforcement agencies, stakeholders, and other relevant entities who played roles during the adoption of the Amber and Silver alerts.

I look forward to your timely updates on implementation efforts. Thank you for prioritizing the implementation of the Ashanti Alert Act and fully leveraging this opportunity to transform the lives and safety of Americans.

Sincerely,

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WASHINGTON, DC – U.S. Senators Mark R. Warner and Tim Kaine joined Senator Sherrod Brown and 31 of their Democratic colleagues in urging Department of Veterans Affairs (VA) Secretary Robert Wilkie to abandon the Department’s current destructive approach to ongoing negotiations with the American Federation of Government Employees (AFGE).  Despite VA and AFGE’s history of engaging in good-faith negotiations that equally benefit employees, veterans and the Department, the current negotiating tactics undercut VA’s mission and threaten the quality of the services it is entrusted to provide to our constituents, our nation’s veterans. 

“These extreme tactics are not in the interest of VA’s federal employees, nor are they in the interests of the veterans these employees serve,” the Senators wrote. “We urge VA to return to the bargaining table with AFGE immediately to negotiate in good faith and we look forward to reviewing your response to our concerns and specific questions.” 

In addition to Warner, Kaine, and Brown, the letter is signed by Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Robert Casey, Jr. (D-PA), Christopher Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Richard Durbin (D-IL), Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Edward Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernard Sanders (I-VT), Brian Schatz (D-HI), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).

A copy of the Senators’ letter to Department of Veterans Affairs Secretary Wilkie can be found below and HERE:

The Honorable Robert Wilkie

Secretary

Department of Veterans Affairs

810 Vermont Avenue, N.W.

Washington, DC 20420

Dear Secretary Wilkie:

We write today to express our deep concern regarding the Department of Veterans Affairs (VA) anti-worker, anti-union negotiating tactics with the American Federation of Government Employees (AFGE).  A strong labor-management relationship is essential to the effective and efficient operations of VA and improves the provision of care and benefits to veterans.  We urge the Department to abandon its current destructive approach to the talks with the union and to negotiate in good faith and in a manner that is consistent with U.S. law. 

For decades, VA and AFGE have sat together at the bargaining table to forge an agreement that benefits employees, veterans and the Department.  These negotiations, however, have been entirely different.  From the outset, VA has taken multiple steps to ensure the negotiations with AFGE do not succeed.  The Department refused to negotiate ground rules such as when and where to meet, or to pay for travel to the talks.  In an unprecedented action, VA sent those decisions to an impasse panel immediately, clearly demonstrating that the agency had no intention of engaging in a productive contract negotiation.  In addition, the Department has made the draconian proposal to eliminate 28 articles from the 2011 Master Agreement without providing justification.  VA negotiators also proposed reducing 14 additional articles to generic language about the Department following appropriate procedures in law and regulations.  In total, VA is proposing to effectively scrap 63 percent of the existing contract without providing any legitimate rationale for doing so.  The articles proposed for elimination cover issues including procedures for local level bargaining, labor management cooperation, and grievance procedures, all of which are crucial for an effective labor-management partnership.

VA has also changed the members of its bargaining team, which is another clear delaying tactic.  Furthermore, your agency has also referred negotiations to the Federal Mediation and Conciliation Service after only 10 days.  The talks were scheduled to continue to December, and the request for a federal mediator is an effort by VA to short-circuit negotiations on important topics.  These extreme tactics are not in the interest of VA’s federal employees, nor are they in the interests of the veterans these employees serve.     

To better understand the Department’s approach to these contract negotiations, we ask you to respond to the following specific questions:

1)      Did the White House, Office of Management & Budget (OMB), or any entity outside of VA provide direction, guidance or suggestion on any proposals VA negotiators have submitted? If so, please describe the nature and source of this input.

2)      Did the White House, Office of Management & Budget (OMB), or any entity outside of VA provide direction, guidance or suggestion on any tactics VA representatives have used in these negotiations? If so, please describe the nature and source of this input.

3)      Please explain and provide documented evidence of the demonstrated need for each of the following proposals:

a.      Extension of contract term to 10 years;

b.      Authority of VA to change contract outside of negotiations during those 10 years but no equal authority for the union;

c.       Requirement that leave taken for doctors’ appointments be taken in 60 minute increments and some leave requests, including those for some medical appointments, must be made 60-90 days in advance;

d.     Requirement that grievances must be handled at the national level, instead of in local offices;

e.      Elimination of labor-management cooperation;

f.        Requirement that dues withholding be renewed by each federal employee at VA on an annual basis;

g.      Elimination of all memorandums of understandings and past practices; and

h.      Requirement that the union pay for all management time and Department attorney’s fees spent dealing with union matters, which has no basis in U.S. law.

4)      Has VA, anyone in the Trump Administration, or a third party completed an analysis of the employment impact of the Department’s negotiating positions? If not, why not? If so, please describe the methodology of the analysis, the process by which data was collected, and the conclusions of the analysis. Please provide all associated documentation.

VA employees provide medical care, process education benefits, and adjudicate disability claims and appeals on behalf of veterans and their families. Attracting and retaining high quality, motivated employees will better serve our nation’s veterans and ensure taxpayer dollars are well spent.  The harsh negotiating tactics currently being taken by your agency undermine VA’s mission and threaten the quality of the services it is entrusted to provide to our constituents, our nation’s veterans. 

We urge VA to return to the bargaining table with AFGE immediately to negotiate in good faith and we look forward to reviewing your response to our concerns and specific questions.  

Sincerely,

Senators Sherrod Brown (D-OH), Mark Warner (D-VA), Tim Kaine (D-VA), Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Robert Casey, Jr. (D-PA), Christopher Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Richard Durbin (D-IL), Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Edward Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernard Sanders (I-VT), Brian Schatz (D-HI), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), Ron Wyden (D-OR)

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Rob Portman (R-OH) reintroduced bipartisan legislation to improve burdensome employer reporting requirements under the Patient Protection and Affordable Care Act (ACA). The Commonsense Reporting Act of 2019 would streamline and modernize ACA reporting requirements, ensuring that the Treasury Department has the necessary data to determine availability of affordable coverage, while cutting down on unnecessary paperwork and administrative costs for businesses. Companion legislation was introduced in the House of Representatives by U.S. Reps. Mike Thompson (D-CA) and Adrian Smith (R-NE).

“Businesses in Virginia and across the nation are working hard to comply with our nation’s health care law, and we need to make sure they’re not being penalized due to flaws in the law,” said Sen. Warner. “By improving and modernizing the employer reporting system, this bipartisan legislation will take an important step towards making sure that our health care system works for everyone, including employers who strive to provide suitable coverage for their workers.”  

“We thank Senator Mark Warner for his leadership to improve the employer reporting system under the Affordable Care Act. Local businesses are challenged by extensive reporting requirements and paperwork mandates, especially with a flexible workforce. Capital Ale House supports commonsense, bipartisan legislation to streamline the employer reporting system and we appreciate Senator Warner’s efforts on this issue,” said Matthew Simmons, Co-Founder and President, Capital Ale House in Richmond, Va.

“The IRS’s employer reporting requirements offer a significant, complex challenge to Virginia small businesses and employees. With new legislation, Congress can take immediate action to relieve employers and employees of this annual reporting burden and unintended tax implications. We thank Senator Warner for advancing a bipartisan, streamlined solution under the Commonsense Reporting Act,” said Eric Terry, President, Virginia Restaurant, Lodging & Travel Association.

“The Commonsense Reporting Act moves employers to a voluntary reporting system and decreases the amount of information requested by the IRS and other agencies. This bipartisan legislation provides individual consumers with much-needed safety nets, employers with relief from the burdensome reporting requirements, and state and federal Exchanges with an additional tool to verify tax credit and subsidy eligibility. The federal government can lend businesses and workers a helping hand by streamlining burdensome reporting requirements and enacting this important reform, as employers would only need to report on employees that have purchased coverage through an Exchange rather than reporting for the entire workforce,” said Gary Cox, Ideal Insurance.

“I have heard from hundreds of employers in Ohio that have spent hundreds of administrative hours attempting to comply with the reporting requirements in the Affordable Care Act. This added time and resources has not improved the quality of health insurance employers offered but only further discouraged employers from offering health insurance and hiring more workers. This bipartisan bill will help streamline the reporting process by allowing employers to report information to the IRS prospectively, easing the burden for employers and employees,” said Sen. Portman.

“It’s critical to ensure that we are making health care as accessible as possible for patients and as easy as possible for businesses to offer. That’s why I am proud to reintroduce the Commonsense Reporting Act, a bipartisan bill to streamline the health insurance reporting process for employers and protect patients from unfair claw backs of their insurance subsidies by making tax credit determinations more accurate. This is a simple way to improve health care access for our communities and ensure businesses can better provide coverage,” said Rep. Thompson.

“Too often employers who provide health insurance are burdened with arbitrary reporting mandates such as those created by the Affordable Care Act. This legislation would create a more efficient reporting system, reducing the risk of surprise financial penalties for both employers and employees. I look forward to working with my colleagues to see this commonsense bill signed into law,” said Rep. Smith.

Currently, employers and insurers are required under the ACA to report health insurance coverage information to the Internal Revenue Service (IRS) at the end of the tax year. However, these retrospective reporting requirements create a heavy back-end burden for employers and can lead to reporting discrepancies that end up subjecting employers to IRS tax penalties as well as additional compliance costs and burdens.

The Commonsense Reporting Act of 2019 directs the Treasury Department to implement an alternative, voluntary reporting system that allows employers to report pertinent information about their health plan to the IRS before open enrollment begins. It also modernizes the system by allowing electronic transmission of employee and enrollee statements rather than requiring that this information be sent through the mail. The legislation also limits the collection of useless data and safeguards personally identifiable information by clarifying that the IRS can accept full names and dates of birth in lieu of dependents’ and spouses’ Social Security numbers.

The Commonsense Reporting Act has also been endorsed by American Hotel & Lodging Association, American Rental Association, American Staffing Association, Associated Builders and Contractors, Inc., Associated General Contractors of America, Auto Care Association, the Council of Insurance Agents & Brokers, Food Marketing Institute, HR policy Association, International Franchise Association, National Association of Health Underwriters, National Association of Wholesaler-Distributors, National Restaurant Association, National Retail Federation, Retail Industry Leaders Association, Society for Human Resource Management, NATSO for America’s Truck and Travel Stops, and National Association of Home Builders.

A summary of this legislation can be found here. The full text is available here.

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, Dianne Feinstein (D-CA), Ranking Member of the Senate Committee on the Judiciary, Bob Menendez (D-NJ), Ranking Member of the Senate Committee on Foreign Relations, and Jack Reed (D-RI), Ranking Member of the Senate Committee on Armed Services, wrote to President Trump to request that he direct a review of the Executive Office of the President’s (EOP) compliance with security clearance policies and procedures after several alarming media reports suggesting abuses in the process at the White House.

“Over the last two years, public reporting has raised serious concerns about irregularities and questionable decisions related to eligibility determinations for EOP personnel access to classified information.  Among other things, reports allege that individuals have been granted interim clearances, to include access to Secure Compartmented Information, without undergoing a complete background investigation; that the EOP has extended these temporary clearances  beyond the usual six month timeframe; that the EOP has overruled unfavorable adjudication recommendations by career security professionals in more than 30 cases; and that the EOP has threatened to revoke former officials’ eligibility for access to classified information for reasons other than the adjudicative guidelines,” the Senators wrote.

The Democratic request follows an earlier letter sent in March 2019 to the Director of National Intelligence (DNI) and the Inspector General of the Intelligence Community (ICIG), requesting a review of the Trump administration’s compliance with security clearance protocols. In a pair of responses four months later, the DNI and the ICIG told the Senators that, despite having conducted such a review of the EOP’s practices in 2015, the DNI lacks the authority to conduct such a review unless expressly directed by the President.

According to press reports, President Trump ignored objections from then-White House Counsel Donald McGahn and then-Chief of Staff John F. Kelly to grant security clearances to his daughter, Ivanka Trump, and her husband Jared Kushner. Additional reports have alleged that former White House Staff Secretary Robert Porter was allowed to handle extremely sensitive information for over a year with an interim clearance, despite his record of domestic abuse, and that the White House overturned at least 30 clearance adjudication recommendations made by career security professionals.

“We believe a new review is necessary to address the allegations that have been raised and, if necessary, implement corrective action. Without such a review, it will be incumbent upon Congress to take a more direct role in overseeing and legislating on EOP security clearances to protect national security,” the Senators told the President.

Sen. Warner has been an outspoken critic of the Trump administration’s abuse of the security clearance process. He believes it significantly distracts from the shared agenda that he has with the administration to reform an antiquated process that does not reflect today’s threats, use advanced technologies and analytics, or support an increasingly mobile workforce. He has championed comprehensive legislation, included in the Senate-passed National Defense Authorization Act for Fiscal Year 2020, to modernize the government’s security clearance system and reduce the background investigation backlog. He has also teamed up with Sen. Susan Collins (R-ME) to introduce bipartisan legislation to protect the integrity of the security clearance process and ensure that it cannot be abused for political purposes. 

Full text of the letter is below and a copy can be found here.

 ?

President Donald Trump

The White House

Washington, DC 20500

Dear Mr. President:

We request that you direct the Director of National Intelligence (DNI) perform a Security Executive Agent National Assessment Program (SNAP) review of the Executive Office of the President’s (EOP) compliance with security clearance policies and procedures.   

Over the last two years, public reporting has raised serious concerns about irregularities and questionable decisions related to eligibility determinations for EOP personnel access to classified information.  Among other things, reports allege that individuals have been granted interim clearances, to include access to Secure Compartmented Information, without undergoing a complete background investigation; that the EOP has extended these temporary clearances  beyond the usual six month timeframe; that the EOP has overruled unfavorable adjudication recommendations by career security professionals in more than 30 cases; and that the EOP has threatened to revoke former officials’ eligibility for access to classified information for reasons other than the adjudicative guidelines. 

A SNAP review will assess compliance with statutory requirements and executive-branch policies and procedures governing security clearances and access to Sensitive Compartmented Information.  Such policies and procedures ensure proper due diligence in exercising the granting, denying, and revoking of access to classified information. The DNI has conducted scores of SNAP reviews to ensure rigorous application of proven standards and to give Congress faith that classified information is being properly protected. 

In a recent letter, the Office of the DNI advised us that, despite completing a SNAP review of the EOP personnel security program in 2015, it does not have the legal authority under Executive Order 13467 to conduct a SNAP review of the EOP unless you specifically direct it to do so.  We believe a new review is necessary to address the allegations that have been raised and, if necessary, implement corrective action. Without such a review, it will be incumbent upon Congress to take a more direct role in overseeing and legislating on EOP security clearances to protect national security.

Thank you for your prompt attention to this matter.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) led the Senate Democratic Caucus in introducing a Congressional Review Act resolution to stop the Trump Administration from pushing “junk plans” that don’t fully protect Americans with pre-existing conditions. Under the Trump Administration’s 1332 waiver rule, these junk plans once again allow insurance companies to discriminate against Americans based on their medical history in an effort to undermine the Affordable Care Act. Under the Congressional Review Act (CRA), this resolution must be considered within 60 legislative days of July 15 and can pass the Senate with the support of a simple majority of Senators. 

“It’s clear that the Trump Administration is determined to limit Americans’ access to health care and undermine protections for millions of people with pre-existing conditions,” said Sen. Warner. “The junk plans pushed forward by this Administration will inevitably disrupt our health care system, stripping basic coverage while increasing costs for Virginia families. Congress should protect coverage for vital services like prescription medicines, visits to the emergency room, and maternity care by overturning the Administration’s ill-advised plan to expand the use of junk plans. We have an opportunity here to send a message to the President that instead of attacking the Affordable Care Act, he must work with Congress on targeted, bipartisan fixes that will lower health care costs and expand access to comprehensive, affordable health care coverage.”

The resolution mirrors Sen. Warner’s legislation, Protecting Americans with Pre-existing Conditions Act, that would prevent the Trump Administration from promoting “junk” health care plans that lack protections for people with pre-existing conditions and would increase costs for millions of Americans.

Sen. Warner was joined on the resolution by Sen. Tim Kaine (D-VA), Senate Democratic Leader Chuck Schumer (D-NY), and the entire Senate Democratic Caucus.

“After failing to repeal the Affordable Care Act through Congress, the Trump Administration has taken a series of steps to sabotage it, like pushing the use of plans that can discriminate against people with pre-existing conditions,” said Sen. Kaine. “With this resolution, we are standing up against the Administration’s attacks on health care and working to protect people with pre-existing conditions.”

“President Trump is proving yet again that we have to believe what he does, not what he says. That he can claim to care about protecting Americans with pre-existing conditions, while simultaneously rolling back pre-existing condition protections, reeks of the utmost hypocrisy,” said Senate Democratic Leader Chuck Schumer (D-NY). “I challenge my Republican colleagues who claim to support pre-existing condition protections to actually do something about it, and join us in voting in favor of our resolution to get rid of this harmful rule. When Senate Democrats force a vote on this resolution, we will see if Republicans finally put their money where their mouth is.”

The following organizations support the resolution: National Multiple Sclerosis Society, American Heart Association, Cystic Fibrosis Foundation, Pulmonary Hypertension Association, Mended Little Hearts, Hemophilia Federation of America, Chronic Disease Coalition, American Diabetes Association, American Cancer Society Cancer Action Network, Juvenile Diabetes Research Foundation, National Organization for Rare Disorders, WomenHeart: the National Coalition for Women with Heart Disease, Susan G. Komen, Crohn’s & Colitis Foundation, COPD Foundation, Muscular Dystrophy Association, National Hemophilia Foundation, Arthritis Foundation, Leukemia & Lymphoma Society, National Psoriasis Foundation, Alpha-1 Foundation, ALS Association, National Alliance on Mental Illness, Immune Deficiency Foundation, March of Dimes, American Liver Foundation, National Health Council, National Patient Advocate Foundation, Protect Our Care, and the National Coalition for Cancer Survivorship.

Democrats in the House of Representatives also announced support for the measure to block the Trump Administration from weakening pre-existing condition protections. An identical resolution will be introduced in the House by Rep. Annie Kuster (D-NH) when the House of Representatives returns to Washington in September.

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WASHINGTON — Today U.S. Sen. Mark R. Warner (D-VA) met with Jennifer Flynn, Superintendent of Shenandoah National Park, as well as Cedar Creek and Belle Grove National Historical Park, at Sen. Warner’s office in Washington, D.C.

In the meeting, Sen. Warner emphasized the need to pass the Restore Our Parks Act – bipartisan legislation to address the deferred maintenance backlog at national parks across the country. Recent figures from the National Park Service (NPS) show that the deferred maintenance backlog grew by more than $313 million last year – with a $100 million increase in Virginia alone. The maintenance backlog at Shenandoah National Park increased by more than $9 million in 2018, bringing its total to $88,765,195. The total overall cost of backlogged maintenance projects at NPS sites nationwide now reaches $11.9 billion, with Virginia accounting for over $1 billion of this backlog.

“Shenandoah National Park, like many national parks, is in dire need of maintenance,” said Sen. Warner. “If Congress fails to act, key infrastructure at the park will continue to deteriorate, harming the local economies and communities that rely on this national treasure. We need to properly invest in our national parks and their surrounding communities by passing the Restore Our Parks Act.”

According to the National Park Service, the 1.26 million visitors to Shenandoah National Park in 2018 spent $87 million in the surrounding communities. This visitor spending supports 1,077 local jobs and more than $116 million in economic output.

The Restore Our Parks Act has widespread support among legislators and conservation groups. It would reduce the maintenance backlog by establishing the “National Park Service Legacy Restoration Fund” and allocating existing revenues from onshore and offshore energy development. This funding would come from 50 percent of all revenues that are not otherwise allocated and deposited into the General Treasury, not exceeding $1.3 billion each year for the next five years.

The latest data on Virginia’s national park deferred maintenance backlog as of 2018 is available here.

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Washington, D.C. – Citing the vital need for a secure U.S. industrial base, U.S. Senators Mike Crapo (R-Idaho) and Mark Warner (D-Virginia) have introduced bipartisan legislation to guard against attempts by the People’s Republic of China and others to undermine U.S. national security by exploiting and penetrating U.S. supply chains.  The Manufacturing, Investment, and Controls Review for Computer Hardware, Intellectual Property and Supply (MICROCHIPS) Act (S. 2316) would develop a national strategy to assess and prevent risks to critical U.S. technologies. 

“Actions by the People’s Republic of China have contributed to an unfair and unsafe advantage in its technological race against the United States,” said Senator Crapo.  “Through government investments and subsidies, as well as intellectual property theft of companies like Idaho’s Micron, China aims to dominate a $1.5 trillion electronics industry, which creates serious, far-reaching threats to the supply chains that support the U.S. government and military.  The MICROCHIPS Act would create a coordinated whole-of-government approach to identify and prevent these efforts and others aimed at undermining or interrupting the timely and secure provision of dual-use technologies vital to our national security.”

“While there is a broad recognition of the threats to our supply chain posed by China, we still lack a coordinated, whole-of-government strategy to defend ourselves,” said Senator Warner.  “As a result, U.S. companies lose billions of dollars to intellectual property theft every year, and counterfeit and compromised electronics in U.S. military, government and critical civilian platforms give China potential backdoors to compromise these systems. We need a national strategy to unify efforts across the government to protect our supply chain and our national security.”

Chinese companies export telecommunication technology equipment into software, hardware, and services used in the United States, and hope to export fifth generation technology (5G) to the U.S. that could potentially harm and expose both consumer and U.S. military information.  Malicious chips or counterfeit parts could create backdoors enabling the monitoring or stealing of consumer data or cause broader system malfunctions.  Even with high investments in cybersecurity, the United States remains vulnerable to advanced cyber attackers like Russia and China.  A 2018 Government Accountability Office report stated that, despite multiple warnings since the early 1990s, cybersecurity has not been a focus of weapon systems acquisitions within the military community.  The Department of Defense’s (DOD) continuous acquisition of weapons systems without making security a key priority could potentially lead to loss of U.S. intellectual property and technological advantage of the U.S. Armed Forces, contribute to unnecessary risks to human life and interfere with the ability of the Armed Forces to execute their missions.

The MICROCHIPS Act would address China’s practice of four major non-kinetic areas of warfare, including supply chain exploitation through supplying faulty software hardware and components; cyber-physical attacks on U.S. systems with real-time operating deadlines, such as missiles, aircraft and electrical grids; cyber-attacks on computer systems; and bad actors gaining sensitive information.  S. 2316 contains four sections with the following main components:

• Summarizes key findings of Congress regarding supply chain security;
• Directs the Director of National Intelligence, DOD and other relevant agencies to develop a plan to increase supply chain intelligence within 180 days;
• Establishes a National Supply Chain Security Center within the Office of the Director of National Intelligence to collect supply chain threat information and disseminate it to agencies with the authority to intervene; and
• Makes funds available under the Defense Production Act for federal supply chain security enhancements.

Section two of the bill was included in the House-passed version of the Intelligence Authorization Act, and the Senate adopted section four of the bill through its version of the National Defense Authorization Act.

A copy of the bill text is available HERE, and a one-page summary of the legislation is available HERE.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (D-VA) are urging the Consumer Product Safety Commission (CPSC) to launch a public safety campaign to educate the public about the dangers of beach umbrellas. The popular beach accessories can quickly become hazards when propelled by wind through the air, as has happened on several occasions in recent years, as in 2016, when Lottie Michelle Belk was struck in the torso and killed while vacationing in Virginia Beach with her family. Last month, a toddler was nearly impaled by a flying beach umbrella in North Myrtle Beach, S.C.

Today’s letter to Acting CPSC Chairwoman Ann Marie Buerkle is a follow-up to one the Senators sent in May along with Sens. Bob Menendez and Cory Booker (both D-NJ) regarding the documented safety risks posed by beach umbrellas. In a June response, the CPSC noted that an estimated 2,800 beach umbrella-related injuries were treated in emergency departments nationwide from 2010 to 2018. Despite that, the CPSC also noted that it currently does not regulate the safety of beach umbrellas and is unaware of any voluntary standards specifically for beach umbrellas. Today, the four lawmakers urged the U.S. Consumer Product Safety Commission (CSPC) to take more aggressive action to protect beachgoers from the dangers of wind-swept beach umbrellas that can cause serious injury or even death. 

“As Americans flock to the beach this summer season, we believe it is imperative that the CPSC ensure that a day at the beach isn’t turned into a day at the emergency room,” the Senators wrote.  

The lawmakers mentioned other notable CPSC public education campaigns that have proven successful in changing people’s behavior and encouraging greater precaution. Specifically, they pointed to the 2010 “Safe Sleep Campaign” to educate parents and caregivers about how best to make nurseries safe; the 2015 “Anchor It!” campaign to warn of the dangers of furniture tip-overs; the annual July 4th fireworks safety campaign; and a 2017 alert to the public of fidget spinner choking hazards.  

The Senators also pressed CPSC on whether it has considered the efficacy of a weighted system or other safety measures that could be taken to reduce the risk of umbrellas becoming airborne and endangering beach-goers.                                               

Full text of the letter is below and a copy can be found here.

July 29, 2019

Ann Marie Buerkle

Acting Chair, U.S. Consumer Product Safety Commission

4330 East West Highway

Bethesda, MD 20814

Dear Chairman Buerkle,

We write in the wake of your June 7, 2019 response to our May 2, 2019 letter regarding the documented safety risks posed by beach umbrellas. Your letter stated that, over the nine-year period from 2010-2018, an estimated 2,800 people sought treatment in emergency rooms for injuries related to beach umbrellas. A majority of those injuries were caused by a wind-blown beach umbrella. As we noted in our letter, unsafe beach umbrellas have even proved fatal to our constituents. 

As Americans flock to the beach this summer season, we believe it is imperative that the CPSC ensure that a day at the beach isn’t turned into a day at the emergency room. To that end, we write to specifically ask that the Consumer Product Safety Commission (CPSC) launch a public safety campaign to educate the public about the dangers of beach umbrellas. In addition, we write with additional follow-up questions regarding whether the Commission considered the efficacy of certain design or technical changes to beach umbrellas.

As your letter acknowledges, there is currently no CPSC-led public education campaign on the dangers of beach umbrellas. Yet, a July 6, 2019 tweet and Instagram post from the CPSC’s social media accounts remind consumers to properly stake their beach umbrellas.  We were pleased to see the CPSC take the issue of beach umbrella safety seriously. Notably, your June 7 letter states: “CPSC technical staff believes that an information sheet on the potential hazards could be developed.” We agree, and formally request that the CPSC develop safety and educational resources for the public. As you know, the CPSC has a history of such public safety campaigns.

In 2010, the CPSC implemented the “Safe Sleep Campaign” in part to “educate parents and caregivers about the most effective ways to make a nursey safe.”  In 2015, the CPSC launched “Anchor It!”, a national public safety campaign to educate the public about the dangers of furniture tip-overs.  In addition, every July 4th the CPSC reminds the public of the dangers of fireworks.  In August 2017, the CPSC went so far as to warn the public of the dangers of fidget spinners, stating that the popular toys pose a choking hazard.  Surely, the dangers of a beach umbrella turned flying spear – and the large number, and often gruesome nature, of these incidents – warrant the attention of the Commission. 

Your June 7 letter stated that “[t]echnical staff does not believe a safety standard would have a substantial effect on injuries from beach umbrellas incidents.” The letter states that the CPSC considered requiring a performance standard, requiring umbrellas to “contain venting”, the development of a staking requirement, and the development of a warning label system. Your letter does not however indicate whether the CPSC considered the efficacy of a weighted system, or any other alternative system options. To that end, we request responses to the following questions:

1.      Has the CPSC considered whether a weighted system or another alternative, could best mitigate the risk of a wind-blown beach umbrella?

2.      What information would factor into a decision as to whether the CPSC would recommend a weighted system or an additional or alternative safety feature for beach umbrellas? 

3.      Is the CPSC aware of any instance where an umbrella secured with a weighted system caused an injury?

We appreciate CPSC’s willingness to consider this issue and look forward hearing back from you by August 30, 2019.  Should you have further questions please contact Shelby Boxenbaum in Senator Menendez’s office at 202-224-4744.  

Sincerely,

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